Appendix 1a
To: All Members of the County Council
All Chief Officers
From
Legal, Member &
Services
All Statutory
Chief Officers
Ask for Elaine Shell
Ext.
25565
Minicom 26611
My Ref. ES/CAB
Your Ref.
CABINET
25 FEBRUARY 2013
MINUTES
ATTENDANCE
MEMBERS OF THE CABINET
D A Ashley, F Button, R I N Gordon (Chairman), C M Hayward, S J Pile, R M Roberts,
R A C Thake, C B Wyatt-Lowe
Other Members Present:
D Andrews, J R Barfoot, N Bell, P J Bibby, T L F Douris, T W Hone, A Lee, P A Ruffles
Upon consideration of the agenda for the Cabinet meeting on 25 February 2013 as
circulated, copy annexed, executive decisions were reached and are recorded below:
Note: No conflicts of interest were declared by any member of the Cabinet in relation to the
matters on which decisions were made at this meeting.
1.
MINUTES
The minutes of the Cabinet meeting held on 21 January 2013 were confirmed
as a correct record.
2.
QUESTIONS FROM MEMBERS OF THE COUNCIL TO EXECUTIVE
MEMBERS
None.
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11.
NORTH ORBITAL ROAD UPPER COLNE VALLEY - HELIOSLOUGH LTD:
CONSIDERATION OF THE LETTER FROM THE DEPARTMENT FOR
COMMUNITIES AND LOCAL GOVERNMENT DATED 20 DECEMBER 2012
(Forward Plan ref: A001/13)
Prior to Cabinet’s consideration of this item of business, the Chief Legal Officer
made the following statement:“The powers of the County Council as landowner are not the same
as those of a private landowner. The County Council must act
consistently with its statutory duties and with the statutory purpose
for which it holds the land. It owes a fiduciary duty to its taxpayers,
which includes the duty to use the full resources available to it to the
best advantage. That may well involve balancing a number of
competing objectives in relation to any landholding.
The County Council needs to come to decisions taking into account
all relevant matters and leaving out irrelevant considerations. In
coming to any decision members must take into account that the
Secretary of State has formed his view that it is in the public interest
for the rail freight scheme to proceed despite its environmental
impact and despite the traffic generation and he has indicated that
he is minded to grant planning permission subject to the County
Council’s land being bound by the planning obligations. It is not now
for the County Council to revisit those issues.
The recommendations in the report will enable officers to undertake
further work which will then enable Cabinet to make a proper
decision in relation to a possible s106 and potential disposal of the
site.
Whilst members can indicate their individual view at the current time
on this matter they need to be mindful that further work needs to be
undertaken by officers and brought back to them to consider all
relevant factors.”
Decision
Cabinet agreed:(a)
that the proposed potentially three stage process set out in paragraph 2.8
of the report, for consideration of all of the matters that may arise from the
‘minded to approve’ letter from the Department for Communities and
Local Government dated 20 December 2012 regarding the former Radlett
Aerodrome and other lands, be agreed;
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(b)
that the Chief Executive & Director of Environment and/or Assistant
Director, Property & Technology be authorised to have discussions with St
Albans City & District Council and the Applicant regarding the possibility of
and possible content of a s106 agreement; and separately with the
Applicant only regarding the possibility of and possible content of a
unilateral undertaking by the County Council, taking into account the form
of the undertaking dated 17 December 2009;
(c)
to undertake such other further investigations as are considered
appropriate, and to bring a further report to Cabinet in due course; and
(d)
that the Chief Executive & Director of Environment in consultation with the
Leader of the Council be authorised to write to the Secretary of State
requesting an extension to the period allowed for the submission of a
suitable planning obligation as referred to in paragraph 46 of the Secretary
of State’s letter of 20 December 2012 should that become necessary.
Reasons for the decision
Arising from legal agreements entered into in 1985, the County Council now
owns the site of the former Radlett Aerodrome.
In 2003 HelioSlough Limited, a developer of commercial property, entered into
commercial agreements with Lafarge and with another landowner with the intent
of promoting a development scheme for a Rail/Road Freight and Distribution
facility. HelioSlough subsequently made two planning applications for an SRFI.
Both applications were refused permission by St Albans City & District Council
as Local Planning Authority. Both applications were the subject of planning
appeals and Public Inquiries; the first application was dismissed by the then
Secretary of State but, in the decision letter, it was intimated that, but for an
inadequate alternative sites assessment, there was a possibility that planning
permission could have been granted for an SFRI scheme at the Radlett site that
would be of regional significance; the second application was initially dismissed
by the Secretary of State, however, that decision was quashed by the High
Court.
The Secretary of State, therefore, had to reconsider the Inspector’s report and to
‘re-take’ his decision. On 20 December 2012 the Department for Communities
and Local Government issued a letter which stated that the Secretary of State
was ‘minded to approve’ grant of planning permission for the scheme subject to
the provision of a suitable planning obligation which binds all of those with an
interest in the appeal site. A unilateral undertaking was completed by the owners
of the site (other than the County Council) on 17 December 2009. The County
Council as landowner now needs to consider, therefore, the content of the
Secretary of State’s letter of 20 December 2012.
The decision made by Cabinet at this meeting will enable officers to undertake
further work which will then enable Cabinet to consider, in due course, all the
information relevant to this complex matter.
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Any alternative options considered and rejected
None
PART II ‘CLOSED’ AGENDA
1.
NORTH ORBITAL ROAD UPPER COLNE VALLEY - HELIOSLOUGH LTD:
CONSIDERATION OF THE LETTER FROM THE DEPARTMENT FOR
COMMUNITIES AND LOCAL GOVERNMENT DATED 20 DECEMBER 2012
(Forward Plan ref: A001/13)
Decision
Note: The Part I Minute for this item is set out at item 11 above. The Part II
Minute is set out in the separate Part II Minutes.
KATHRYN PETTITT
CHIEF LEGAL OFFICER
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